smcgivern [at] withersgough.com
Kansas Wage and Employment Law Blog
Practice Areas: Civil Litigation; Wage and Hour Law; Employment Law; Long Term Disability Insurance/ERISA Claims; Insurance Coverage; Product Liability; Business Litigation; Consumer Law; Professional Liability; Personal Injury
Admitted: Kansas (State and Federal) Courts; 10th Circuit Court of Appeals.
Law School: 2006: University of Kansas, J.D.
Biography: Phi Beta Kappa; Attorney at WGPPP since April, 2007; Partner, 2012.
Personal Background: Sean grew up in Topeka, Kansas and went to K-State, where he participated in his fraternity Pi Kappa Phi and student government. Sean enjoys spending time with wife Megan, Henry (pug), Rudy (shih tzu), and Tucker (pug). Golf is Sean's favorite hobby.
Professional Background: A substantial amount of Sean's practice is devoted to employment law, where he represents clients in disputes over wage and hour laws, reasonable accommodations, FMLA, contracts restricting competition, whistleblowing, discrimination, and retaliation. In addition to litigation, Sean assists employers with labor department issues (examples: wage claims, unemployment claims, and classification issues), handbooks, and policies. Super Lawyers Rising Stars selected Sean for for his work in employment law in 2012, 2013, and 2014. Sean joined the Bench-Bar Committee of the United States District Court for the District of Kansas in 2013. That committee has general advisory and liaison roles with respect to court operations.
Sean regularly represents individuals in disputes over employee benefits, which are usually governed by the federal ERISA law. He his practice addresses issues with life insurance, health insurance, and long-term disability carriers, including Aetna, Blue Cross, Cigna, Hartford, Lincoln, MetLife, Prudential, Reliance (or Matrix), and Unum. Sean also helps clients with disability retirement claims and appeals. Through this experience, Sean is familiar with the ERISA claims and litigation process.
Meyer v. UNUM Life Insurance Company of America, et al, Case No. 12-CV-1134-KHV-KGG, U.S. Dist. Ct., District of Kansas, 2015 (overturning UNUM's denial of benefits based on the insurance policy's preexisting condition exclusion).
Thornton et al. v. Washington County Financial Management Company, LLC, et al., Case No. 13-CV-01473-JWL-GLR, U.S. Dist. Ct., District of Kansas, 2014 (plaintiffs' counsel in FLSA collective action representing managers of payday loan stores; recovered more money for clients than what was suggested by the United States Department of Labor in a previous investigation).
Tabor v. Hawker Beechcraft Corp. Pension and 401(k) Committee, et al., Case No. 13-CV-1057-JTM, U.S. Dist. Ct., District of Kansas, 2013 (represented client in connection with successful appeal of administrator's determination that client was not disabled; resolved ERISA 502(a)(1)(A) and 502(a)(1)(C) claims in litigation).
Armstrong et al. v. Genesh, Inc., Case No. 11-CV-1161-EFM-KMH, U.S. Dist. Ct., District of Kansas, 2012 (plaintiffs' counsel in FLSA collective action; settlement for Salaried Assistant Managers against Burger King franchisee with class members receiving more than $100.00 per workweek during class period).
Palsmeier v. Textron Master Retirement Plan & Textron, Inc., Case No. 11-CV-1384-EFM-KGS, U.S. Dist. Ct., District of Kansas, 2012 (represented participant in lawsuit against ERISA plan and its administrator for benefits (502(a)(1)(B)), injunction (502(a)(3)), and penalties (502(c)); obtained disability retirement benefits for client, plus back award of benefits, plus additional money to settle lawsuit).
Clopton et al. v. TSS, Inc. et al, Case No. 10-CV-1229-JAR-JPO, U.S. Dist. Ct., District of Kansas, 2010 (lead plaintiffs' attorney for a 27-plaintiff class conditionally certified under the Fair Labor Standards Act seeking unpaid compensation due to misclassification; settled in 2011, with plaintiff class members receiving 100+ cents on the dollar for unpaid wages, plus attorneys fees).
Hubbard v. Logi Warehousing and Transportation, LLC et al, Case No. 09-CV-02266-JPO, U.S. Dist. Ct., District of Kansas, 2010 (second chair trial counsel representing defendants; defense jury verdict in wrongful death case arising from double tractor trailer collision).
Wills v. Mike Steven Motors, Inc., Case No. 06 CV 4542, Sedgwick County District Court, Kansas, 2008 (second chair trial counsel representing plaintiff; plaintiff’s jury verdict finding breach of employment contract and willful Kansas Wage Payment Act violations).
Sean McGivern & Tim Sipe, Kansas Supreme Court Delivers Clarity to Worker Misclassification, J. Kan. Assoc. Justice, Jan. 2015, at 6.
Sean M. McGivern & Joseph A. Schremmer, The Fair Labor Standards Act: A Tool for Those Who Represent Employees, Claimants, and Plaintiffs, J. Kan. Assoc. Justice, Jan. 2014, at 18.
Joseph A. Schremmer & Sean M. McGivern, Private Enforcement of the Kansas Wage Payment Act, 62 U. Kan. L. Rev. 1227 (2014).
CLE Presenter: "Discovery Ethics: Clawbacks, Susman Agreements, and Other Recent Developments." February 20, 2015 Wesley E. Brown Inn of Court Civil Practice CLE.
CLE Presenter: "I Don't Do ERISA... Or Do I?" January 6, 2012 seminar on employment law practice, Wichita Bar Association Continuing Legal Education seminar.
CLE Presenter: “The New FTC Red Flags Rule Casts A Broad Net: Are You Prepared?” October 21, 2009 Wichita Bar Association Continuing Legal Education seminar.
CLE Presenter: “Pleading Claims and Affirmative Defenses After Twombly and Iqbal,” April 1, 2011, Wichita Bar Association Continuing Legal Education seminar on federal practice.
Community Involvement: Wichita Pug Rescue; Knight of Columbus; Push America "Journey of Hope," Charlotte, North Carolina; Pi Kappa Phi Fraternity, Manhattan, Kansas.
200 West Douglas
Wichita, KS 67202
Toll Free: 888-587-2399